A Delhi court today allowed the plea of BJP leader Subramanian Swamy seeking summoning of documents from the Ministries of Finance, Urban Development and Corporate Affairs, Income Tax Department and other agencies in the National Herald case.
Metropolitan Magistrate Lovleen asked Swamy to file the process fee for sending summons to these departments, including Delhi Development Authority and the Registrar of Companies.
During the brief hearing, Swamy told the court he needed these documents, which are in the custody of these ministries, for advancing arguments in the case.
“They (these ministries and agencies) have the documents. I do not know what all documents they have. These documents can be summoned,” Swamy told the court.
“You file the PF (process fee). Your application is allowed,” the judge said.
The court had on December 19, 2015, granted bail to Congress President Sonia Gandhi and her son Rahul Gandhi and three others– Motilal Vora, Oscar Fernandes and Suman Dubey– who had appeared before in pursuance to the summons issued earlier.
Sam Pitroda, another accused, was granted exemption from personal appearance for that day only on medical grounds.
The case is based on a private criminal complaint lodged by Swamy against them of cheating, conspiracy and criminal breach of trust.
During the hearing today, Swamy told the court that as per the court’s order, he has supplied the copies of the complaint and the annexures attached to it to the accused, who are refusing to accept it.
“They refused to accept it and are giving a blank statement that it was incomplete. I do not know what is incomplete. We have complied with the court’s order and we are ready to give the documents to them if they will tell me what is incomplete,” Swamy said.
To this, the court said, “You send it to their offices through post.”
In his plea seeking summoning of documents, Swamy has said that they were required for the case.
The documents which he has sought pertains to Associated Journal Ltd (AJL).
Sonia, Rahul, Vora (AICC Treasurer), Fernandes (AICC General Secretary), Dubey and Pitroda were summoned under sections 403 (dishonest misappropriation of property), 406 (criminal breach of trust) and 420 (cheating) read with section 120B (criminal conspiracy) of the IPC.
The trial court had on June 26, 2014 asked them to appear before it on August 7, 2014 but the order was stayed on August 6, 2014 by the Delhi High Court which on December 7, last year vacated the stay by rejecting the plea to quash the complaint and the summons.
On December 15, 2014, the high court had further stayed the summons till final disposal of the petitions.
Along with the Gandhis, five other accused — Suman Dubey, Moti Lal Vora, Oscar Fernandez, Sam Pitroda and Young India Ltd — had challenged the summons issued to them by trial court on Swamy’s complaint.
